Clause 15

by deleting the word “equipment” in subsection (1)(g) and substituting the words “facilities or equipment”;

by inserting, immediately after the words “against a licensee” in subsection (2), the words “in respect of a matter mentioned in subsection (1)”; (c)by inserting, immediately before the words “direct the licensee” in subsection (2)(b)(viii), the words “unless a financial penalty has been imposed under subsection (3A)(b)(v) in respect of the act or omission that is the subject of the matter mentioned in subsection (1),”; and

by deleting subsection (3) and substituting the following subsections:“(3) Subject to this section and section 21, the Director‑General may, without compensation, take any regulatory action described in subsection (3A) against a licensee who is granted an approval for a specified service, permanent premises, conveyance or service delivery mode if the Director‑General is satisfied that —

the licensee is contravening or not complying with, or has contravened or failed to comply with —

any condition of the approval;

any other provision of this Act relating to the specified service, permanent premises, conveyance or service delivery mode, the contravention of which is not an offence under this Act;

any provision of a code of practice applicable to the licensee in relation to the specified service, permanent premises, conveyance or service delivery mode; or

any direction issued to the licensee by the Director‑General under this Act in relation to the specified service, permanent premises, conveyance or service delivery mode;

in the case of an approval for a specified service — any premises at which the licensee provides, or any conveyance the licensee uses to provide, the specified service, or any part of those premises or that conveyance, or any facilities, process, protocol or equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that specified service; or

in the case of an approval for permanent premises, a conveyance or a service delivery mode — any premises, conveyance, facilities, process, protocol or equipment used in connection with the permanent premises, conveyance or service delivery mode is no longer safe or suitable for the provision of the licensable healthcare service.(3A) The regulatory action that the Director‑General may take against a licensee in respect of a matter mentioned in subsection (3) is as follows:

cancel the approval for the specified service, permanent premises, conveyance or service delivery mode;

in lieu of paragraph (a), all or any of the following:

censure the licensee in writing;

modify any condition of the approval;

direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance;

suspend the approval for a period that the Director‑General thinks fit;

unless a financial penalty has been imposed under subsection (2)(b)(viii) in respect of the act or omission that is the subject of the matter mentioned in subsection (3), direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director‑General thinks fit, being —

not more than $10,000 for each contravention or non‑compliance mentioned in subsection (3) that is the subject; or

in any other case, not more than $10,000.”.